Principled Advocacy For Families And Individuals With Disabilities And The Professionals Who Serve Them

Joseph T. Monahan

Founding Partner

Biography

Joseph T. Monahan is the founder of Monahan Law Group, LLC and one of the preeminent mental health law attorneys in Illinois. Under Mr. Monahan's direction, Monahan Law Group, LLC provides legal services to over 80 hospitals and numerous mental health clinics, child welfare agencies, and social service agencies. In addition to professional clients, the firm also represents individuals at all levels of administrative and judicial proceedings.

Mr. Monahan has tried countless guardianship, mental health, and child welfare cases over the past 32 years. From confidentiality of mental health records to same-sex adoption, Mr. Monahan has successfully argued cases at every level of the Illinois court system, including the Illinois Supreme Court. He is regularly appointed by the court to represent persons with disabilities in complex or extraordinary mental health cases. His background as a social worker makes him acutely aware of the legal issues that impact social service professionals and the people they serve. He currently serves as President of the Board of Directors of the NASW Risk Retention Group, the malpractice insurance company for social workers, and has been an active member of NASW for many years.

Mr. Monahan has been an engaging member of the legal community throughout his career and has played an integral role in developing important policies and legislation to assist individuals with disabilities and those involved in their care. As a recognized leader in his field, he is frequently invited to teach courses and provide trainings to law students, attorneys, medical and mental health professionals, and family members.

Mr. Monahan is an Adjunct Associate Professor of Law at Loyola University Chicago School of Law, where he has taught mental health law for over 27 years. He has also taught at Northwestern University School of Law. Mr. Monahan has repeatedly served as Chair of the Illinois State Bar Association Mental Health Law Section Council and has been appointed to numerous other leadership positions in state and local not-for-profit groups throughout his longstanding career.

Mr. Monahan is a steadfast advocate for persons with disabilities, their families, and the professionals who serve them. He cares deeply about each of his clients and strives to represent them with principled advocacy and practical legal advice.

Practice Areas

Guardianship
Adoption
Child Welfare/Juvenile Law
Community Based Services
Elder Law
Health Care Law
Litigation & Appeals
Mental Health & Confidentiality Law
Probate & Estate Administration
Risk Management
Special Needs Planning
Trusts
Wills

Education

DePaul University College of Law, Chicago, Illinois
- Juris Doctor
University of Illinois, Champaign, Illinois
- Bachelor of Arts
- Major: Social Work
University of Illinois, Champaign, Illinois
- Master's of Social Work

Bar Admission

Illinois
U.S. District Court Northern District of Illinois Trial Bar
U.S. District Court Northern District of Illinois
U.S. District Court Central District of Illinois
Supreme Court of the United States of America

Published Works

Author, §§ 28:7 to 28:27, Chapter 28, Mental Health Issues, Law of Medical Practice in Illinois, 3rd, Vol. 22 (Illinois Practice Series), 2008
Author, Elder Abuse: Legal Definitions and Mandatory Reporting of Elder Abuse, Social Work Networker published by the NASW Illinois Chapter, May 1, 2009
Author, Legal Issues Affecting Elderly Clients - Medicare and Medicaid for the Elderly, Social Work Networker published by the NASW Illinois Chapter, October 1, 2009
Author, Legal Issues Affecting Elderly Clients - Incompetent Elderly Clients: Powers of Attorney and Guardianship , Social Work Networker published by the NASW Illinois Chapter, August 1, 2009
Author, Powers and Duties of a Guardian of the Person: Guardianship for Disabled Adults, Advance Directives, and Mental Health Law, Chapter 3, IICLE, 2011
Super Lawyers - Illinois, 2023

Honors

Selected to Super Lawyers, 2005-2023
Selected to Leading Lawyers, 2008-2019
Most Valuable Volunteer of the Year Award, Illinois Institute for Continuing Legal Education, 2013
Selected to Leading Lawyers, 2023

Classes & Seminars

Adjunct Associate Professor of Law, Child Mental Health Law Course, Loyola University Chicago School of Law, Child Law, Chicago, Illinois, 2012 to Present
Adjunct Professor of Law, Psychiatry and Law Course, Northwestern University School of Law, Chicago, Illinois, 2002 to 2004
Adjunct Associate Professor of Law, Mental Health Law Course, Loyola University Chicago School of Law, Health Care Institute, Chicago, Illinois, 1993 to Present
Presenter, Illinois Elder Law, PESI, Inc., 01/28/2016 to 01/29/2016
Presenter, HIPAA and Confidentiality, National Alliance on Mental Illness, January 17, 2016
Presented, I Received a Subpoena; What Should I Do?, National Association of Social Workers - Webinar, November 17, 2015
Presented, Capacity and Guardianship, IICLE 11th Annual Elder Law Program, 11/12/2015 to 11/13/2015
Presented, Risk Management Training, National Association of Social Workers, October 19, 2015
Presented, Juvenile Court Training for Foster Parents, Hephzibah, October 9, 2015
Presented, CLE Training, Illinois School Social Work Supervisors and Coordinators Counsel, October 2, 2015
Presented, Illinois Mental Health and the Law, PESI, 09/24/2015 to 09/25/2015
Presented, Internal Training, Waukegan School District Social Workers, June 3, 2015
Presented, Internal Training, Association of Police Social Workers, May 8, 2015
Presented, Elder Law, American Hospital Association, April 23, 2015
Presented, Confidentiality and Representing Persons Alleged to have a Diagnosed Mental Illness, ISBA, April 10, 2015
Guest Lecturer, End of Life Decision-Making, The John Marshall Law School, April 3, 2015
Presented, FOID, The Carle Foundation - Webinar, March 26, 2015
Presented, Medical School for Elder Law Attorneys: Geriatric Psychiatry, IICLE, February 20, 2015
Presented, Internal Training, Local Social Service Agency, February 4, 2015
Presented, Adult Protective Services/Remedies and Nursing Home Resident’s Rights, Health Ed/PESI Illinois Elder Law 2015, 01/22/2015 to 01/23/2015
Presented, CLE Social Workers, Local VA Hospital, January 21, 2015
Presented, The Business of Social Work, NASW – Illinois Chapter, November 14, 2014
Presented, Mental Health Law, IICLE - 10th Annual Elder Law Short Course, November 6, 2014
Presented, Illinois Mental Health and the Law, PESI, 10/30/2014 to 10/31/2014
Presented, Different Perspectives in Adult Guardianships, Equip for Equality Legal Aid Advocates Conference, October 16, 2014
Presented, FOID Mental Health Reporting, National Association of Social Workers (NASW), August 14, 2014
Presented, Guardianship: Persons with a Mental Illness, National Alliance On Mental Illness (NAMI), April 13, 2014
Presented, Changes in Confidentiality of Mental Health Records, DePaul Law Review Symposium, March 21, 2014
Presented, Ethics and Mental Health, Child Welfare Agency, February 11, 2014
Presented, Adult Protective Services/Remedies and Nursing Home Resident’s Rights , Health Ed/PESI Illinois Elder Law 2014, January 17, 2014
Presented, Adult Protective Services and Nursing Home Resident Rights and Informed Consent, Substitute Decision Making and Advance Directives, SSWLCH - Illinois Chapter, January 2014
Presented, Practical and Legal Options for Persons Diagnosed with Mental Illness, HEALTH ED/PESI Illinois Elder Law, September 26, 2013
Presented, Illinois Children's Mental Health and the Law, HEALTH ED/Illinois Juvenile Law, January 25, 2013
Presented, Illinois Mental Health and the Law, PESI/HealthEd, 2013 to 2014
Presented, Citations to Discover and Recover Assets, Elder Law Practice in the Circuit Court of Cook County: The New Elder Law and Miscellaneous Remedies Division of the Circuit Court, Judge Banks Seminar, March 23, 2012
Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Elder Law, January 27, 2012
Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Elder Law, September 23, 2011
Presented, Who Is Your Client?, Illinois Legal Aid Conference, 2011
Presented, Guardianship and Advance Directives: The Law of Surrogate Decision Making in Illinois, NASW Illinois Virtual Symposium on Ethics, September 14, 201O
Presented, The Limitations of a Legal Guardian: Immigrants and John Doe Cases, National Guardianship Association National Colloquium on Guardianship, April 23, 2010
Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Law, February 12, 2010
Presented, The Law of Surrogate Decision Making in Illinois, NASW Statewide Conference, September 11, 2009
Presented, Social Worker Ethics Seminar, Lake Forest Hospital, August 12, 2009
Presented, Child and Elder Abuse Reporting, Resurrection Health Care, April 22, 2009
Presented, Healthcare Risk Management, Chicagoland Healthcare Risk Management Society's (CHRMS) Law Day Program, November 7, 2008
Presented, Legal Issues and the Elderly, Benedictine University, 2000 to 2014

Pro-Bono Activities

Foundation for Human Development, Secretary since 2012
Chicago Volunteer Legal Society (CVLS), Volunteer Attorney since 2010
Guardian Ad Litem, Probate Court for the past 20 years

Past Positions

State of Illinois, Guardianship and Advocacy Commission, Legal Advocacy Service, Staff Attorney
State of Illinois, Guardianship and Advocacy Commission, Legal Advocacy Service, Legal Assistant
Illinois State Board of Education, Chicago, Illinois, Hearing Officer
County-wide Child Welfare Agency, LaSalle County Youth Service Bureau, Chief Executive Officer

Professional Associations

The Chicago Bar Association, Mental Health Law Committee, Member, 1984 to Present
The Chicago Bar Association, Mental Health Law Committee, Chairperson, 1990
The Chicago Bar Association, Mental Health Law Committee, Vice-Chairperson, 1988 to 1989
Illinois State Bar Association, Mental Health Law Committee, Member, 1997 to Present
Illinois State Bar Association, Chair, 2006 to 2008
Illinois State Bar Association, Secretary, 2005 to 2006
Illinois State Bar Association, Vice-Chair, 2006 to 2007
Illinois State Bar Association, Chair, 2001 to 2002
Illinois State Bar Association, Vice-Chair, 2000 to 2001
Illinois State Bar Association, Secretary, 1999 to 2000
Illinois State Bar Association, Legislative Task Force, Created by SR 373, Member, 2002 to 2003
Board of Directors, Member Executive Committee, Chair Personnel Committee, Legal Defense Fund, 2009 to 2012
Chair, Legal Defense Fund, 2007 to 2008
Trustee, Legal Defense Fund, 2003 to 2007
Ignatius Chicago Crew, Member, Board of Directors, 2006 to 2009
Foundation for Human Development, Board of Directors
Illinois Coalition Against the Death Penalty, Board Member, 2000 to 2004
Guardianship Reform Project, Equip for Equality, 1999 to 2001
National Association of Downs Syndrome (NADS), Member, Board of Directors, 1998 to 1999
National Association of Social Workers (NASW), Illinois Chapter, Ad-Hoc Committee to Rewrite Social Work Practice Act, 1994 to 1995
National Association of Social Workers, Member, 1991 to Present
National Association of Social Workers, Member, 1976 to 1984
National Association of Social Workers (NASW), Illinois Chapter, Member, 1976 to Present
School Board, Pope John XXIII, Member, 1994 to 2000
ACWS, Member, 1991 to Present
ACWS, Member, 1976 to 1984
Seguin Services, Human Rights Committee, Member, 1992 to 1996
Seguin Services, Human Rights Committee, Member, 1987 to 1990
Harris enCircle, Harris Bank, Chicago, Illinois, Advisory Board Member, 2008 to Present